HomeMy WebLinkAboutConservation Comm. 10/30/2023Town of Mansfield
Conservation Minutes RECEIVED
October 30, 2023 i0`.�! itS OFFICE
MEETING HELD IN PERSON IN MEETING ROOM 3 Q
AND VIRTUALLY USING GOTOWEBINAR PLATFORM
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Present: Michael Healey, Chair; Dr. Aaron Roth, Vice Chair; Aaron Gallagher; Dr. Jeffrey Paten; Robert
Smith -MacDonald; Ryan O'Hara; Katelyn Gonyer, Conservation and Environmental Planner
Jonathan Hedlund was not present.
1. Open Meeting
Mr. Healey opened the meeting at 6:07 pm.
2. Request for Determination of Applicability: Mike and Amanda Mitchell, 821 Maple Street, Map
040, Parcel 276.
Mr. Healey opened the hearing for Mike and Amanda Mitchell for the construction of an in -ground pool
within 100 feet of Bordering Vegetated Wetland and Intermittent Stream.
Homeowner Michael Mitchell was present. Nadia Wright of Juliano's Pools attended virtually.
Mr. Healey asked if Ms. Gonyer had visited the site. Mr. Mitchell said she had been out previously when
the back yard was raised. Mr. Healey said the erosion control is to be mulch silt sock.
All work will be done on the established lawn area.
Comments from the Board:
Mr. Gallagher asked if Ms. Gonyer had reviewed the edge of the wetland. Mr. Mitchell said she did. Mr.
Healey asked about the pool infiltration system. Mr. Mitchell said it will be a standard DE system. Mr.
Healey asked about the disposal of the backwash water. Mr. Mitchell said it will be collected and trucked
off site; Mr. Healey suggested a drywell be installed for the backwash. Mr. Healey asked that frog logs or
a similar product be installed in the pool. Ms. Wright said with the pool infiltration system, the cartridge
would be removed and cleaned with a hose. She said this system does not backwash each time the
cartridge is washed. Mr. Healey said one of the conditions would be that any liquid generated from the
cartridge being washed should be allowed to soak into the ground and not flow into the wetlands.
There were no virtual or audience comments.
Dr. Roth made the motion to issue a Negative 3 Determination for reason #3, the work will not impact
resource areas, to Mike & Amanda Mitchell, 821 Maple Street for the installation of an in -ground pool
within 100 feet of Bordering Vegetated Wetland and Intermittent Stream with the following conditions:
• Erosion control must be an 8" mulch silt sock and is to be inspected by Agent prior to the start of
work.
0 Agent is to be notified when work starts.
• Pool O&M Conditions:
1. All new in -ground pools shall use a cartridge filtration system or a filtration system. The
water used for cleaning the cartridge filter should NOT be discharged into the wetland.
2. All pool water is to be de -chlorinated before it is drained from the pool. All drained water is to be
drained over the land/lawn of the same property.
3. Frog Logs or a similar product are to be used in the pool.
Mr. Gallagher seconded the motion.
Motion passed 6-0-0 at 6:19 pm.
3. Notice of Intent: Keith Signoreillo, 889 Maple Street, Map 040, Parcel 091.
Mr. Healey opened the hearing for Keith Signoreillo for the razing of an existing abandoned dwelling and
the construction of a single-family home with associated grading and utilities within 100 feet of Bordering
Vegetated Wetland and the 200-foot Riverfront Area, under DEP SE 211-1007.
William R. Buckley, Jr., Bay Colony Group, Inc., was present.
Mr. Buckley said currently there is a single-family home on the 4.5-acre property, probably dating back to
1936. He said the Applicant will remove the existing house to build a single-family home with a garage; he
noted the driveway will be located on the right side of the property. He said the resource areas on the
property are a stream, which is shown on the USGS Map as a perennial stream and the 200-foot Riverfront
Area, He said there is also a Bordering Vegetated Wetland as well as an Isolated Wetland within a buffer
zone on the east side of the property. He said they are within the 200-foot Riverfront Area but there will
be no significant adverse impact to the Riverfront Area. He said there will be approximately 21,000 square
feet of disturbance. He said most of the upland area of the property is located to the east of the Riverfront
Area. Erosion control will consist of mulch silt socks. He said all roof run off will be recharged directly into
the ground on the lot. He said most of the lot lies within the Natural Heritage Priority Habitat but no work
will be done in this area. Mr. Buckley said he and Ms. Gonyer walked the site and she approved the
wetland line.
Board Comments:
Mr. Gallagher said he would rather see the recharge for the roof runoff as shown on the plan instead of
in the upland area. Mr. Smith -MacDonald asked if the old shed would be removed. Mr. Buckley said there
are three old farm structures on the property that could be removed. He said the shed in question is right
next to the wetland edge and In the Natural Heritage area. He said plans show the sheds and barn are to
be removed. Mr. Gallagher said a split rail fence should be installed at the edge of disturbance.
There is a large stand of Japanese Knotweed at the entrance to the site and a management plan explaining
how these invasive plants will be removed from the site needs to be submitted.
There were no virtual or audience comments.
Mr. Gallagher made the motion to issue an Order of Conditions to Keith Signoreillo, 889 Maple Street,
Map 040, Parcel 091, under DEP 211-1005 for the construction of a single-family home with associated
grading and utilities within 100 feet of Bordering Vegetated Wetland and NHESP Priority Habitat of Rare
Species with the following special conditions under the Mansfield Wetland Protection By-law, Chapter
220:
1. No work can be started until the Order of Conditions has been recorded with the Bristol
County Registry of Deeds and the receipt of the Order is returned to the Commission
filled in by the Registry.
2. All work must conform to the plan dated October 31, 2023, referenced as "the plan of
record" in this Order.
3. All limits of work and erosion controls shall be installed prior to any construction,
clearing, or excavation. The erosion controls shall consist of an 8" diameter
biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each sides of
sock or equivalent (do not pierce silt sock with stakes). In addition to the silt sock,
trenched -in silt fence may be required depending on the specific site conditions. See the
Conservation Agent (Agent) for specific erosion control design standards. The Applicant
shall notify the Agent when any such devices or measures are installed so that a site visit
can be conducted prior to the commencement of work.
4. The Commission reserves the right to require additional mitigation or erosion control
devices or measures if mitigation or erosion control devices are not adequately installed or
maintained on site.
5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control
devices will remain in place and be maintained throughout the construction process and
until all disturbed areas are stabilized. Stabilization shall be achieved once a complete
vegetative cover is reached. Seeded areas shall be covered with a suitable protective
cover to allow the seed to germinated and become established. All side slopes greater
than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point
shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs,
the Agent is to be contacted to review the extent of the erosion and determine follow-
up actions.
6. All roof runoff is to be directed in drywells or equivalent drainage components approved
by the Commission. The Commission or its agent shall review the locations of the
dryweiis.
7. A construction sequence is to be submitted to the Commission prior to the start of work.
8. The Conservation Commission or its agent is to be notified of the starting date of the
work prior to its commencement.
9. Prior to the commencement of work, a pre -construction meet shall be held with the
Agent, the Engineer and/or Representative, and the General Contractor to review the
Order of Conditions, scope of work and construction sequencing.
10. The Applicant shall be responsible to ensure that all contractors on site during the
construction have received and reviewed the Order of Conditions and all plans of record.
11. Wetland flagging must remain in place until the project has been completed and the
Certificate of Compliance issued.
12. The Certificate of Compliance shall be requested in writing upon completion of the
project. At the same time, the applicant or any successor shall, upon completion of the
project; submit an as -built plan and letter signed by a professional engineer, certifying
that the work has been done in accordance with the approved plan.
13. Any modifications or revisions to the plan(s) referenced in this Order must be submitted
to the Commission for review. For single family lots, this Order is for the structures
shown on the plan of record only. Any additional structures including, but not limited to,
decks, patios, sheds, pools, walkways and/or any hardscape features must be reviewed
by the Commission. if, after their review, the Commission finds that the changes are not
significant enough (minor modifications) to warrant an Amended Order or new Notice
of Intent, then the revised plans shall be considered the new plan of record. If the
changes are significant enough to warrant an Amended Order or new Notice of Intent,
then the applicant is required to file accordingly.
14. Prior to receiving a Certificate of Compliance, the Applicant must install permanent
"Environmentally Sensitive Area" signs on the subject lot. The quantity and location of
the signs are to be designated by the Commission or the Agent on a case by case basis.
The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and
method of installation are available at the Conservation Department.
15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic
products may be used.
16. Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb
Zone is prohibited. Storage is prohibited in these areas as well.
17. A split rail fence is to be installed at the edge of disturbance to demarcate the limit of
lawn area.
18. Submit Knotweed Management Plan.
19. Remove all farm structures and debris and stabilize these areas.
Dr. Roth seconded the motion.
Motion passed 6-0-0 at 6:39 pm.
4. Notice of Intent: Munal Salem, 235 Central Street, Map 018, Parcel 436.
Mr. Healey opened the hearing for Munal Salem, 235 Central Street for the extension of an existing building
and new parking area within 100 feet of a Bordering Vegetated Wetland under DEP SSE 211-1006. This
hearing was continued from September 25, 2023.
Craig Cygawnoski, RIM Engineering Co., Inc., and Anthony Grassi, Project Manager, were present.
Mr. Cygawnoski said the handicapped parking space located at the 25-foot buffer of the wetland has been
moved away from the 25-foot area, shown on Sheet 2 of the revised plan dated October 13, 2023. He said
the 19 parking spaces have been reduced to 18 spaces as required, based on the building's square -footage.
He noted 30 % of the parking lot is to be for sub -compact cars, allowing the proposed nine -foot spaces to
be reduced to eight -foot spaces, with a gain of five feet. Also, he said the handicapped space with a van
loading area has been moved into the parking lot and all proposed pavement in the 25-foot buffer area has
been removed. Mr. Cygawnoski said they also looked into the run-off for the emergency overflow from the
drainage system. He said the 100-year storms will be completely contained within this system. There is still
a break in the curbing but there is now a two -foot wide paved runoff area that runs parallel to the driveway
to direct the water towards the back to an existing depression located behind the parking lot. He said the
original handicapped parking space area is slightly vegetated now and Ms. Gonyer agreed that after
construction is completed she would work with the builder to determine what vegetation would be best to
enhance this area; this area is to be left as natural as possible. Mr. Gallaher asked if the town engineer had
reviewed the drainage. Mr. Cygawnoski said the drainage was reviewed by Mr. Alves prior to the filing of
the Notice of Intent.
Public Comments:
Patrice Travis, 12 Perkins Avenue, asked about the changes to the plan, shown on Sheets 2 and 3. Mr.
Cygawnoski said Sheet 3 shows the detail of the drainage system and Sheet 2 shows the limit of disturbance
and the parking lot. She asked about the parking lot lighting. Mr. Cygawnoski said the lighting for the parking
lot would be based on a light study and the Town of Mansfield's lighting regulations, which does not allow
light from a neighboring property to shine on an abutting property. He noted the lights will not be on all
night.
Nancy Thayer, 235 Central Street, said currently the lights are on all night. Mr. Healey said this should be
addressed through the Planning Board.
Dr. Roth made the motion to issue an Order of Conditions to Munal Salem, 235 Central Street, Map 018,
Parcel 436 for the extension of an existing building and new parking area within 100 feet of a Bordering
Vegetated Wetland under DEP SSE 211-1006 with the following special conditions under the Mansfield
Wetland Protection By-law, Chapter 220:
1. No work can be started until the Order of Conditions has been recorded with the Bristol County
Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry.
2. All work must conform to the plan dated October 13, 2023, referenced as "the plan of record" in this
Order.
3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or
excavation. The erosion controls shall consist of an 8" diameter biodegradable mulch -filled silt sock
with wooden stakes every 10 feet on each sides of the sock or equivalent (do not pierce silt sock with
stakes). In addition to the silt sock, trenched -in silt fence may be required depending on the specific
site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The
Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can
be conducted prior to the commencement of work.
4. The Commission reserves the right to require additional mitigation or erosion control devices or
measures if mitigation or erosion control devices are not adequately installed or maintained on site.
5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will
remain in place and be maintained throughout the construction process and until all disturbed areas
are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded
areas shall be covered with a suitable protective cover to allow the seed to germinate and become
established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and
seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion
occurs, the Agent is to be contacted to review the extent of the erosion and determine follow-up
actions.
6. All roof runoff is to be directed into drywells or equivalent drainage components approved by the
Commission. The Commission or its agent shall review the locations of the drywells.
7. A construction sequence is to be submitted to the Commission prior to the start of work.
8. The Conservation Commission or its Agent is to be notified of the starting date of the work prior to its
commencement.
9. Prior to the commencement of work, a pre -construction meeting shall be held with the Agent, the
Engineer and/or Representative, and the General Contractor to review the Order of Conditions, scope
of work and construction sequencing.
10. The Applicant shall be responsible to ensure that all contractors on site during the construction have
received and reviewed the Order of Conditions and all plans of record.
11. Wetland flagging must remain in place until the project has been completed and the Certificate of
Compliance issued.
12. The Certificate of Compliance shall be requested in writing upon completion of the project. At the
same time, the applicant or any successor shall, upon completion of the project, submit an as -built plan
and letter signed by a professional engineer, certifying that the work has been done in accordance with
the approved plan.
13. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the
Commission for review. For single family lots, this Order is for the structures shown on the plan of
record only. Any additional structures including, but not limited to, decks, patios, sheds, pools,
walkways and/or any hardscape features must be reviewed by the Commission. If, after their review,
the Commission finds that the changes are not significant enough (minor modifications) to warrant an
Amended Order or new Notice of Intent, then the revised plans shall be considered the new plan of
record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent,
the applicant is required to file accordingly.
14. Prior to receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally
Sensitive Area" signs on the subject lot. The Applicant must install 12" x 18" metal signs on a permanent
metal post. The quantity and location of the signs are to be designated by the Commission or the Agent
on a case by case basis. Contact the Conservation Department for signage details, sign vendors and
method of installation.
15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be
used.
16. All the terms and conditions set forth in the Stormwater Management Plan for "Proposed Dentist
Office Expansion", prepared by RIM Engineering Co., Inc., submitted on August 1, 2023, are to be
included with this Order of Conditions. All on -going O & M plan activities are to be recorded as on
noted.
17. Contractor will meet with Agent to determine plantings for buffer enhancements or berm to protect area
where pavement is closest to the steep slope that leads to the wetland area.
18. Dumping of lawn clippings and/or yard debris into the wetland and/or 25-foot No Disturb Zone is
prohibited. Storage is prohibited in these areas as well.
Dr. Paten seconded the motion.
Motion passed 6-0-0 at 6:53 pm.
5. New Business:
130 Stearns- This agenda item was continued to November meeting
Kevin Boyden — 37 Lakeview Avenue complaint: Mr. Boyden came before the Commission to
discuss
what has happened in the last five years that has created a problem of sediment build up in the corner of
his property because of the use of aqua thrusters in the lake. He said he has made numerous calls to
Natural Heritage, EPA and DEP because the aqua thrusters have caused sediment, siltation, algae, weeds
and a constant wave of water across his property and noise. He said there are no longer any fish or
spawning beds in the lake where before there were large mouth bass, pickerel, pumpkin seeds, blue gill
and catfish. Mr. Healey asked if the lake had ever been stocked in the past. Mr. Boyden said the lake has
not been stocked recently. Mr. Healey said the Wetland Protection Act has no jurisdiction over the surface
of the water in any lake in Mansfield. Mr. Healey noted he and Ms. Gonyer have told Mr. Boyden many
times the Commission does not have jurisdiction. Mr. Healey said dredging of the lake is jurisdictional. He
said the Commission needs more information about the dredging or excavation of soil from the lake.
Glen Peterson, 104 Plain Street, who has a right-of-way to the water, said the aqua thrusters are a good
thing for the lake. He noted the wind blows predominately from the southwest and the current has always
flowed towards Mr. Boyden's property.
Mr. Boyden left the meeting.
Kathleen Burkell, 31 Lakeview Avenue, said there are egrets, small fish and birds on the lake. She said she
is working with DEP and an attorney to get an unpermitted dock on the lot line removed, She asked about
the metal rod with a screen that Mr. Boyden placed in the water between his property and the neighbor's
property to prevent sediment entering the cove because it is rusting into the lake. Mr. Healey said the
Commission has jurisdiction over this.
Ron Ctuintillani, 41 Lakeview Avenue, said the lake was treated in front of the cove and before any
treatment was done, a yearly cleanup was done by himself and five other residents to get rid ofthe weeds.
He said fish are spawning in front of his house with the aqua thruster operating.
Edward Verrochi, Jr., 27 Lakeview Avenue, asked if the Commission has jurisdiction over the flow of the
surface water. Mr. Healey said no but the Commission has jurisdiction over the land surrounding a lake or
stream and water that runs off the land. Mr. Verrochi asked about the control of the bed of the lake. Mr.
Healey said the Commission controls the bed of the lake, Mr. Verrochi asked about the vegetation in the
lake. Mr. Healey explained how the vegetation effects the lake.
6. Adjournment:
Motion to adjourn at 7:42 pm. (Smith-MacDonald/Gallagher.
Motion passed 6-0-0.
Next meeting will be November 27, 2023 at 6:00 pm.
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Michael Healey, Chaivr Date